Author: Morton F. Daller
Publisher: Wolters Kluwer Law & Business
Published: 2022-10-07
Total Pages: 1196
ISBN-13: 1543855040
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Product Liability Desk Reference: A Fifty-State Compendium, 2023 Edition, is a comprehensive resource that provides the most recent statutory and case law developments on product liability laws for each of the fifty states and the District of Columbia. Each state summary is practitioner-oriented and written by leading state experts who provide analysis of the statutory and case law developments particular to each jurisdiction. Each chapter includes detailed coverage of a state's standards regarding causes of action, statutes of limitation and repose, strict liability, negligence, breach of warranty, punitive damages, wrongful death, pre- and post-judgment interest, employer immunity from suit, joint and several liability, and statutes relevant to product liability actions. The book is designed to serve as a handy reference for corporate in-house counsel or the litigation management professional who is overseeing product liability cases in more than one state; the attorney handling product liability cases in more than one state; and the in-house professional at the liability, casualty, or property insurance company concerned with claims and litigation management. The 2023 Edition incorporates recent changes in the common law of the various states, including the following: Illinois has passed the Prejudgment Interest Act which now allows prejudgment interest in tort cases. This interest is calculated at the rate of 6% per annum on the amount of the judgment, minus punitive damages, sanctions, statutory attorney's fees, and statutory costs and subject to reduction based on rejected settlement offers. The Arizona Supreme Court ruled that the National Highway Traffic Safety Administration's (NHTSA) refusal to set formal standards for certain driver assist technologies did not preempt Arizona common law tort claims against the manufacturer for not implementing those features into its vehicles. Allowing a case against TikTok sounding in design defect to proceed, the Georgia Supreme Court held that intentional or tortious misuse of a product does not relieve the manufacturer of its design duty to the injured party.
